The petitioner has prayed for payment of arrears of salary as per fixation of pay in the revised pay scale by virtue of recommendation of 6th Pay Revision Committee which has been taken into effect w.e.f. 1.1.2006 and accordingly pension, gratuity and leave encashment.

2. During pendency of the writ petition the respondent authorities filed a counter affidavit wherein an order has been passed on 27.7.2012 by which the pay scale which has been fixed on the basis of the first time bound promotion given w.e.f. 1.9.1985 and the benefit of upgradation by virtue of Assured Career Progression (ACP) Scheme given w.e.f. 1.9.1999 as also the promotion granted to the post of Head Clerk w.e.f. 1.8.2000 has been cancelled and thereafter the pay has been fixed in the earlier pay fixation.

3. The petitioner filed an interlocutory application being I.A. No.823/2013 challenging the order dated 27.7.2012 which has been allowed vide order dated 20.2.2013.

4. Now the grievance of the petitioner is that the petitioner was appointed as Correspondence Clerk on 1.9.1975. While he was in service he was given benefit of first time bound promotion in the pay scale of Rs.680-695/-w.e.f. 1.9.1985 after considering the fact that the petitioner has already passed departmental examination. Thereafter the petitioner was granted regular promotion to the post of Head Clerk w.e.f. 30.6.2000. The petitioner has finally been superannuated from service on attaining the age of 60 years w.e.f. 31.1.2007. Before superannuation of the petitioner, the Government of Jharkhand adopted the recommendation of 6th Central Pay Commission which has been made effective w.e.f. 1.1.2006. Accordingly, the petitioner become entitled to get the benefit of revision in pay scale by virtue of recommendation of 6th Pay Revision Committee w.e.f. 1.1.2006 but the same was not given. The petitioner approached this Court for issuance of direction on the respondents for fixation of pay scale on the basis of revision in the pay scale by virtue of 6th Central Pay Commission.

5. During pendency of the writ petition, the authorities have issued an order dated 27.7.2012 by which the benefit of first time bound promotion granted to the petitioner w.e.f. 1.9.1985, the benefit of second ACP granted w.e.f. 1.9.1999 and the regular promotion granted to the post of Head Clerk w.e.f. 1.8.2000 has been cancelled by way of common order. After cancelling all the three promotions/upgradations in the pay scales, the pay scale of the petitioner has been revised w.e.f. 1.1.2006 and accordingly, pension has also been fixed on the basis of the reduced pay scale.

6. Now the submission of the petitioner is that the petitioner has retired from service on 31.1.2007, the authorities have got no jurisdiction to cancel the benefit/upgradation in pay scale granted to the petitioner under time bound promotion scheme w.e.f. 1.9.1985 which has been cancelled without giving any show-cause notice, that too after lapse of 22 years. It has been submitted that thus, the benefit of second upgradation granted to the petitioner under A.C.P. scheme w.e.f. 1.9.1999 has also been cancelled without any information to the petitioner.

7. Further, the regular promotion granted to the petitioner w.e.f. 1.8.2000 has also been cancelled even after five years from the date of his retirement without any show-cause notice or without any proceeding initiated in this regard, which is absolutely arbitrary and illegal exercise of the respondent authorities.

8. On the other hand learned counsel appearing on behalf of the State has submitted that since the petitioner has not passed the departmental examination as required, he has not been given exemption in view of Circular issued in the year 1992 and as such he was not entitled to get the benefit of promotion/upgradation by virtue of time bound promotion scheme and consequent thereof, order was passed with respect to the reversion of the petitioner from Head Clerk to Clerk.

9. Heard the parties and p